Clark v. Brooks’s Empirical Analysis
1977
Citation profile
2 district · 12 state decisions
How this case has been cited
Cited by 15 later decisions — most recently October 2014
2 district · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 136 Ohio St. 183 - Losito v. Kruse, Jr. · Smith v. Raparot · Lutz v. Boltz · Hallman v. Hallman · Distefano v. Lamborn
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Since the liability of the employer in such cases [where the sole basis of liability of an employer is the negligence of an employee] is dependent upon at least a showing of tort on the part of the employee, it is understandable that some courts have held that where no liability exists on the part of the employee there cannot be liability on the part of the employer and hence they have extended this reasoning to apply to a release of the employee’s liability by the injured person. [As in Dickey v. Meier, 188 Neb. 420 , 197 N.W.2d 385 (1972).] However, rationally the converse does not apply. The employee’s liability for his own negligence is not dependent on negligence of the employer nor is the employee entitled to reimbursement by the employer. The ability to sue the employee who committed the tort is not contingent on the ability to sue the employer. Based upon the relationship of the parties no justification exists for extending nonliability of the employer to benefit the employee unless that benefit was created by contract intended to benefit the employee. Hence, the liability of the negligent employee should not be affected by a transaction between the injured party and the employer unless the parties intended the benefit to extend to the employee. The result should not, of course, permit dual recovery by the injured person.”
1 later decision quote this exact passage“(b) It discharges the tortfeasor to whom [the release] is given from all liability for contribution to any other tortfeasor.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.